Todd County Circuit Court, Kentucky Service and Proof of Service Rules

CRITICAL

Applies to

Notice of hearing

Serve notices of hearing on opposing counsel at least five days before the hearing.

All notices of hearing are to be served on opposing counsel not less than five days before the hearing

CRITICALCriminal cases

Applies to

Criminal record check

Before making a recommendation, the Commonwealth's Attorney must obtain a criminal record check and supply a copy to the Court and the defendant.

Have a criminal record check made [Pretrial Services at AOC will fax the criminal history to the Commonwealth Attorney. Due to user agreement restrictions, NCIC reports cannot be faxed] and shall supply a copy to the Court and Defendant.

CRITICALCriminal cases

Applies to

Pretrial diversion petition

A pretrial diversion petition must be accompanied by notice to the Commonwealth's Attorney.

After indictment and no later than 5 days before trial, any eligible person for the program may petition the circuit court, with notice to the Commonwealth's Attorney, for entry of a pretrial diversion order.

CRITICAL

A pretrial diversion petition must be accompanied by notice to the Commonwealth's Attorney.

After indictment and no later than 5 days before trial, any eligible person for the program may petition the circuit court, with notice to the Commonwealth's Attorney, for entry of a pretrial diversion order.

CRITICAL

A copy of the motion and notice seeking to relieve counsel must be served upon the client.

Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with a copy of the motion and notice to be served upon the client), until expiration of the time for filing a notice of appeal after the entry of Final Judgment or Order.

CRITICAL

Serve responses and replies on opposing counsel at least two days before the hearing.

all responses and replies thereto are to be filed and served on opposing counsel not less than two days prior to the date of the hearing.

CRITICALCriminal cases

Notice to the Commonwealth's Attorney and the defendant is required in connection with a hearing at which the Court may revoke or void diversion participation.

After a hearing, with notice to the Commonwealth's Attorney and defendant, the Court may revoke or void defendant's participation in the pretrial diversion program upon a showing of failure to comply with the conditions of diversion or failure to make satisfactory progress.

WARNING

The Court may grant relief from the hearing notice requirements for good cause shown.

For good cause shown, the Court may grant relief from these notice requirements.